Grant v Ellis
| Jurisdiction | England & Wales |
| Judgment Date | 09 November 1841 |
| Date | 09 November 1841 |
| Court | Exchequer |
English Reports Citation: 152 E.R. 49
EXCHEQUER OF PLEAS.
S. C. 11 L. J. Ex. 228. Followed, Dean of Ely v. Cash, 1846, 15 M. & W. 621; (S. C. in Equity, nomine Dean of Ely v. Bliss, 5 Beav. 574). Approved, Daly v. Bloomfield, 1842, 5 Ir. C. L. R. 65. Discussed, Sheil v. Incorporated Society, 1847, 10 Ir. Eq. R. 417; Zouche v. Dalbiac, 1875, L. R. 10 Ex. 182; Irish Land Commission v. Grant, 1884, 10 A. C. 14; Howitt v. Earl Harrington, [1893] 2 Ch. 497; Skene v. Cook, [1901] 2 K. B. 13; affirmed, ibid. 682. Applied, Jones v. Withers, 1896, 74 L. T. 572. Referred to, Doe d. Angell v. Angell, 1846, 9 Q. B. 328; Owen v. De Beauvoir, 1850, 5 Ex. 166; Baines v. Lumley, 1868, 16 W. R. 675; Grogan v. Regan, [1902] 2 Ir. R. 197.
grant v. ellis. Exch. of Pleas. Nov. 9, 1841.-The stat. 3 & 4 Will. 4, c. 27, ~~s. 2, does not apply to rent reserved on a demise. [S. C. 11 L. J. Ex. 228. Followed, Dean of Ely v. CWi, 1846, 15 M. & W. 621 : (S, C. in Equity, nomine Dean of Ely v. Bliss, 5 Beav. 574). Approved, Daly v, EloomjiM, 1842, 5 Ir. C. L. R. 65. Discussed, Sheil v. Incorporated Society, 1847, 10 Ir. Eq. K. 417 ; Zoiif.he v. Diilbiac, 1875, L. It. 10 Ex. 182 ; Irish Lwul Commission v. Grant, 1884, 10 A. C. 14; HmoM v. Earl Harrington, f 1H93] -1 Ch. 497 ; Skeme v. Cvuk, [1901] 2 K. B. 13; affirmed, ibid. 682. Applied, Janes v. Withers, 1896, 74 L. T. 572, Keferred to, Doe d. Anyall v. Augell, 1846, 9 Q. B. M28 ; Owen v. De Becuiwvr, 1850, 5 Ex. 166; Baines v. Lumley, 1868, 16 W. K. 67:"); G-rogan v. Megan, [1902] 2 Ir. K 197.] po.i K-B.^3, Replevin. Cognisance by the defendant, as the bailiff of William Pexton, for rent in arrear clue from one Harriet Stuart Smetham, under a demise at a yearly rent. 2nd cognisance, for rent in arrear due from Nugent Kirkland and Thomas Gould, under a similar demise. 3rd cognisance, that one David Burnsall, before and at the time of the making of the indenture hereinafter next mentioned, was seised in his demesne as of fee of and in ascertain piece of ground, on part whereof the said dwelling-house in which &c., at the ^aid time 4c., had been erected and stood, with the appurtenances, situate &c.; andjbeing so se|ised as aforesaid, to wit, on the 6th July, 17( 4, by a certain indenture of lease then made &c., the said David Burnsa,!! demised unto Jacob Leroux, his executors, administrators, and assigns, all the said piece of ground &c., from Michaelmas then last past for ninety-nine years, at the yearly rent of 25, payable quarterly on the usual days ; and the said Jacob Leroux covenanted for the payment of such rent accordingly ; by virtue of which said demise the said Jacob Leroux thereupon, to wit &c., en-[114]-tered &c. The title to the reversion in fee immediately expectant on the determination of the said term, was then deduced through various conveyances &c. down to William Pexton, under whom the defendant made cognisance for the stune amount of rent as that mentioned in the other cognisance. To the first cognisance the plaintiff ple;ided in bar, that the demise in that cognisance mentioned was made by an indenture of lease theretofore, to wit, on the 6th day of July, 1764, made between one David Burnsall, who was then seised in his demesne as of fee of and in the premises hereinafter mentioned to have been demised, of the one part, and Jacob Leroux of the other part; and whereby the said David Burnsall demised a certnin piece of ground, oti part whereof the said dwelling-house in which &c.j and at the said time when &c., had been erected and stood, and on which the said dwelling-house was afterwards erected, to have and to hold the same unto the 50 GRANT V. ELLIS 9 M. &W.115. said Jacob Leroux, his executors, administrators, and assigns, from Michaelmas day then hist for ninety-nine years, at the yearly rent of 25, payable quarterly, &c. : and that the reversion of the said David Burnsall of and in the said demised premises, expectant on the end or other sooner determination of the said demise, and all his estate and interest therein, more than twenty years before the right to distrain for the said arrears of rent in the said first cognisance mentioned, or any part of those afirears, first accrued, by divers mesne assignments thereof before then made, legally came to and vested in divers persons, and amongst others eventually to John Taylor, Eobert Stubbing, and James Iveson, who then became and were seised as joint-tenants ia their demesne as of fee of and in the said reversion of and in the said demised premises. And the plaintiff further says, that the said John Taylor afterwards, to wit, on the 13th June, 18.36, died, and afterwards the said reversion of and in the said demised premises, expectant on [115] the end or other sootier determination of the said demise, to wit, on the 2nd August, T8.'i(i, by assignment thereof then made, came from the said Robert Stubbing and James Iveson, arid legally vested in tte said William Pexton : And that for and during a long period of time, exceeding twenty years, to wit, for twenty-five years nex:t preceding the time when the right to make the distress in the said first cognisance mentioned first accrued, and for respective periods exceeding twenty years, to wit, of twenty-five years each, next preceding the time when the right to make a distress for any of the said respective arrears of rent in the said first cognisance mentioned first accrued, none of the said rent reserved by the said indenture had ever been paid or received : And the persons who were entitled to the same rent, and in the receipt thereof, hereafter mentioned, to wit, the said John Taylor, Robert Stubbing, and James Iveson, more than twenty-five years before the time when the right of making the said distress in the said first cognisance mentioned for the first quarter of the rent therein mentioned to have been distrained for accrued, to wit, on the 25th December, 180fi, became and were out of the receipt of the said rents so reserved as aforesaid, and then wholly discontinued sueh receipt, or any receipt of the same rent or any part thereof; and the right of distraining for certain arrears of the said rent, to wit, for one quarter of a year of the said rent which then became and was due, then accrued to the said John Taylor, Robert Stubbing, and James Iveson : And that the said John Taylor, Robert Stubbing, and James Iveson, and the said William Pexton have always, since the said time when the said John Taylor, Robert Stubbing, and James Iveson so became out of the receipt of the said rent as aforesaid, in the said first cognisance mentioned, and so discontinued the receipt of the same as aforesaid, remained and been out of the receipt of the said rent or of any part thereof, [116] and...
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